2004 Session

Budget Amendments - HB30 (Member Request)

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Chief Patron: Albo
Public Defender Commission

Item 39 #1h

Item 39 #1h

First Year - FY2005 Second Year - FY2006
Judicial Department
Public Defender Commission FY2005 $258,542 FY2006 $355,770 GF
FY2005 4.00 FY2006 6.00 FTE

Page 25, line 33, strike "$23,678,918" and insert "$23,937,460".
Page 25, line 33, strike "$23,693,663" and insert "$24,049,433".
Page 25, after line 38, insert:  
"Pursuant to the passage of House Bill 1056, $258,542 the first year and $355,770 the second year from the general fund is provided to develop standards of practice and appropriate training for attorneys seeking eligibility to serve as court-appointed counsel for indigent defendants.  Included in this appropriation are funds to support the developments of a list of the attorneys who are eligible to serve as court-appointed counsel for indigent defendants.  This list shall be provided to the Office of the Executive Secretary of the Supreme Court for distribution to the courts.  Any standards developed by the Commission shall also include provisions for the removal of attorneys from this list."

(This amendment provides additional general fund dollars to the Public Defender Commission for the development of standards and training for attorneys who wish to be considered for appointment to defend indigent persons in criminal trials. The development of these standards and training for court-appointed counsel is a component of legislation, introduced this Session, that would transform the Public Defender Commission into an Indigent Defense Commission. As the Indigent Defense Commission, this agency would remain responsible for the state's public defender offices and assume responsibility for ensuring that only properly trained attorneys are eligible to serve as court-appointed counsel for indigent persons. The new commission would also be responsible for the maintenance of a list identifying the attorneys eligible to defend indigent persons. The general fund dollars included in this amendment also provide funding for the operations of a 12-member Indigent Defense Commission. The amendment is contingent upon legislative approval of House Bill 1056.)